Opinion
No. 19,606.
Filed September 5, 1962. Rehearing denied October 24, 1962. Transfer denied March 7, 1963.
From the Morgan Circuit Court, John E. Sedwick, Jr., Judge.
Appellees, Gilbert W. Butler, Administrator of the Estate of Oscar A. Thacker, deceased, and others, filed a petition to determine the heirs of such decedent. A judgment adverse to appellants, Walter Thacker and others, was reversed in an opinion by the Appellate Court. Appellees petition to transfer to the Supreme Court.
Reporter's Note: Appellate Court opinion reported in 184 N.E.2d 897.
Petition to transfer denied.
Grafton J. Kivett, of Martinsville and Albert W. Ewbank, of Indianapolis, for appellants.
Gilbert W. Butler, of Martinsville, for appellees.
DISSENTING OPINION
I would grant the petition to transfer for the following reasons:
A. The father acknowledged the son prior to his death, apparently long prior to the enactment of the 1953 Probate Code, Acts 1953, ch. 112, § 207, p. 295, being § 6-207, Burns', 1953 Replacement. Under the law as it then existed, such acknowledgment accomplished everything that would be obtained under § 6-207, Burns' 1953 Replacement, supra, hence the paternity was "established by law during the father's lifetime."
B. The construction of the statute in the Appellate Court opinion makes § 6-207, Burns' 1953 Replacement, supra, retroactive.
NOTE. — Reported in 188 N.E.2d 418.